• 한국항해항만학회지
• /
• 제44권2호
• /
• pp.128-135
• /
• 2020

Long-term shipping contracts represent the cooperative and coexisting relationships between the shipping and steel industries. Yet, differences between the contract forms for iron ore and steel products have emerged. Specifically, the large proportion of consecutive voyage charters (CVC) is being applied in the iron ore trade, whereas the contract of affreightment (COA) is proportionally higher for shipping steel products. The literature review and in-depth interviews in this study identified through the research model, the characteristics of the shipping and market structure in both markets have significantly contributed to the preference of different long-term contracts. It has been determined that the mutual oligopoly market structure and the characteristics of shipping such as, the small number of suitable vessels in the market, the single fixed load/discharge ports, the long-distance voyages, and the potential risks for fatal accidents because of cargo liquefaction, for the iron ore trade, provide higher contribution to the preference of CVC contracts. In contrast, the consignor oligopoly market structure and the shipping characteristics, such as the greater number of suitable vessels available in the market, the variation in ports, the cargo quantity per shipment, the various load/discharge ports, and the need for experienced carriers for steel product loading in the steel product trade has shown higher preference on the COA contracts as the consignors with superiority over the shipowners, resulting in favorable contract types and conditions for the consignors.

• 무역상무연구
• /
• 제5권
• /
• pp.7-44
• /
• 1993

This study is focused on the review of buyer's remedy resulting from the breach of seller's duty in contracts for the international sale of goods focusing on UNCCIS, 1980 and the problems and suggestions of proper ideas for solving the problems. First problem on the buyer's remedy is related to the breach of seller's duty on del ivory of the contracted goods. When seller has failed to deliver the contracted goods to buyer within the stipulated periods, buyer can treat the contract as avoided and claim damages from seller. By the way, since UNCCIS does not provide any stipulation on the time of buyer's avoidance of the contract, buyer can delay the time of avoidance when the price of contracted goods is rising rapidly and enlarge the amount of damages, Since this stipulation is clearly unreasonable, proper solutions are required for UNCCIS. Second problem is related to the breach of seller's duty on deliver of goods which are of the quantity, quality and description required by the contract and which are contained or packged in the manner required by the contract. When seller has failed to deliver goods which are confirm with the contract, buyer may have one of the two rights of damages and the price reduction according to UNCCIS provided that he does not choose the avoidance. But, since the character and position of the price reduction as a buyer's remedy are not sufficient solutions, more detailed review on this point is required. Third, Seller's duty to provide documents is very important for overseas trade, but UNCCIS does not provide any specific buyer's remedy in comparison with the other remedy and also does not provide any stipulation on the Letter of Credit which have important roles for a device of setting payment in overseas trade. This means that trade customs and practice have not sufficiently reflected in UNCCIS. As the problems mentioned above may decrease the evaluation of buyer's remedy in UNCCIS and, furthermore, that of UNCCIS itself, proper solutions on these points are needed.

• Journal of Korea Trade
• /
• 제25권1호
• /
• pp.203-219
• /
• 2021

Purpose - The purpose of this study is to review and analyzes the contract of carriage and delivery/transport document in light of the major changes made to the Incoterms^® 2020 rules forced into effect on January 1st, 2020. Design/methodology - This study analyzed responsibility for the loading and unloading of goods under the contract of carriage in Incoterms 2020^® rules forced into effect by the ICC from January 1, 2020, and what document must be presented as evidence of delivery by the seller. Findings - A review revealed that in Rule C, the costs of unloading at the place of destination are determined by the terms of the contract of carriage, and in the DAP and DDP rules, if the seller bears the unloading costs, such unloading costs cannot be recovered from the buyer. To settle this issue, the seller needs to make a contract of carriage by sea with the carrier on FI terms. Furthermore, in the case of containerized goods that the FCA should be used, FOB was misused because the seller could not present an on-board bill of lading in the L/C transaction. However, it was confirmed that in FCA, the parties can use an optional mechanism to issue an on-board bill of lading. Originality/value - Incoterms 2020^® rules are still widely used in international trade by parties to contract sales around the world, just like Incoterms 2010^® rules. This study attempts to reduce or eliminate disputes that may arise from interpretative misunderstandings between the parties in the contract of sales concluded by the seller and the buyer.

• Journal of Korea Trade
• /
• 제23권6호
• /
• pp.14-32
• /
• 2019

Purpose - This study is designed to provide new insights on trade claim management by typifying trade claims from a relational perspective, which defines trade as an organic combination that exchanges relationships based on a mutual goal instead of conflicts between obligations and rights of the contracting parties. Design/methodology - This is a phenomenological study that aims to typify trade claims based on a relational perspective and extract implications for trade claim management. The research procedures of this study are as follows. First, international commercial dispute cases applying the CISG are collected. Second, the cases collected are quantified through content analysis. The variables for quantification are developed based on a relationship perspective. Third, cluster analysis is conducted on coded data to typify cases. And finally, this study compares the characteristics of each type using analysis of variance and suggests implications for the strategic management of trade claims from a relational perspective. Findings - Results show that trade claims are divided into four clusters, depending on whether flexibility is accepted or not and which party violates mutuality. There is also a difference between the claimant and the cause of the claim, according to the cluster. Based on the results, this study suggests that the buyer and the seller should employ different strategies depending on the type of trade claim and presents proposals for strategic claim management. Originality/value - Firstly, this study extends the theoretical discussion on trade claims by applying relational contract theory. Prior studies on trade claims have been primarily based on traditional contract theory. The second is to analyze trade claims quantitatively. Prior case studies on trade claims have mainly relied on qualitative research. Finally, the study contributes to international commercial practice by typifying trade claims and presenting options for strategic management.

• 무역학회지
• /
• 제42권2호
• /
• pp.29-52
• /
• 2017

물품매매계약은 매도인에 의한 물품 및 서류 인도의무의 이행을 통해 매수인에게 소유권을 이전하는 것이 목적이다. 그러나 국제물품매매에서 준거법으로 사용되는 CISG와 Incoterms에서는 소유권 이전에 관한 상세한 규정이 없기 때문에 각국의 국내법을 원용하고 있다. 따라서 본 연구는 한·중 물품매매에서 준거법으로 사용될 수 있는 CISG, Incoterms, 중국 합동법, 한국 민법의 규정적 차이점에 대한 인식 부족으로 인해 발생할 수 있는 분쟁을 예방하고, 한국기업의 대 중국 수출 확대에 기여하기 위하여 매도인의 물품인도의무와 관련하여 물품의 인도장소, 인도시기, 계약적합성과 서류인도의무에 대한 관련 규정들을 비교·분석하였다.

• 무역학회지
• /
• 제48권3호
• /
• pp.23-41
• /
• 2023

무역계약의 이행기일은 매도인의 물품인도 기일과 매수인의 대금지급 기일이다. 신용장거래에서 무역계약의 이행기일은 신용장에서 명시된 선적기일과 서류매입기일로 본다. 매도인은 매수인으로부터 신용장을 받고나서 5 은행영업일 이내에 신용장의 승낙 여부를 결정하여야 하며 이 기간이 경과하면 매도인은 신용장을 거절할 수 없다. 그러나 매수인의 귀책 사유로 인하여 5 은행영업일 이내에 신용장의 승낙 여부를 결정하지 못하는 경우에는 신용장에 명시된 선적기일까지 연장된다. 매도인이 신용장 변경을 요청한 경우에 매수인은 반드시 이를 수락하여 매도인이 원하는 신용장을 변경하여 매도인에게 개설하여야 한다. 매수인이 매도인의 신용장 변경 요청을 거절하면 A사는 B사가 요청한 대로 신용장 내용을 변경하여 다시 개설할 의무가 있고 A사가 단순히 신용장의 변경을 지체한 것이 아니라 B사의 신용장 요청을 거절한 경우에는 B사가 견적서에 합의하여 기대할 수 있는 바를 실질적으로 박탈하는 것으로 국제물품매매계약에 관한 국제연합협약 제25조가 규정한 본질적인 계약위반에 해당되어 B사는 무역계약을 해제할 수 있고 A사에게 손해배상을 청구할 수 있다. A사의 무역계약 위반으로 인한 손해배상액은 이익의 상실을 포함하여 그 위반의 결과 B사가 입은 손실과 동등한 금액으로 하여야 한다.

• 한국정보통신학회논문지
• /
• 제19권12호
• /
• pp.2993-3002
• /
• 2015

국제 물품매매계약에서 INCOTERMS 2010 이 적용되기 시작한 지 5년이 지나면서 그 사용현황과 실무적 적용의 문제점을 분석하기 위하여 지난 10년간 우리나라 수출 거래계약조건과 운송서류 발행 형태를 조사하였다. 조사 결과 첫째, INCOTERMS 2010은 공식 규칙이 아닌 몇 가지 규칙이 사용되고 있으며, 둘째, 해상 및 내수로 운송에 사용되어야 하는 전통적 사용 규칙인 FAS, FOB, CIF, CFR 규칙 사용이 여전히 대부분을 차지하며 모든 운송에 사용되는 규칙으로 변경되지 않고 있다. 셋째, CPT, CIP조건에서 물품의 인도시기 즉 소유권이전의 문제가 이 두 조건의 사용을 활성화 시키지 못하는 실질적 이유가 되고 있다. 넷째, DAT 조건은 사용이 극히 저조 한데 그 이유는 터미널의 장소를 지정이 실무적으로 계약 시점에 확정하기 어렵고 운송 과정에 변경되기도 한다. 이러한 문제점들은 INCOTERMS 2010에 대한 적절한 사용 조건에 대한 보다 적극적인홍보 활동이 필요하며, 거래조건을 해석하고 분쟁 해결을 위한 내용을 서문에 제시하는 것이 바람직 할 것이다.

• 무역상무연구
• /
• 제61권
• /
• pp.29-55
• /
• 2014

Subject matter of international trade are various. They contain not only tangible assets such as goods but also intangible assets including service, technology, and capital etc. Technology, a creation of the human intellect, is important as it is the main creative power to produce goods. It can be divided into Patent, Trademark, Know-how and so on. These Technologies are protected by the national and international laws on regulations for the Intellectual Property Rights(IPR), since technology development is needed a lot of time and effort, and the owner of the technology may have crucial benefits for creating and delivering better goods and services to users and customers. Therefore, any licensee who wants to use the technology which other person(licensor) owns, he(the licensee) and the original owner(the licensor) shall make Technology Transfer Contract. Differently from the International Sales Contract in which seller provides the proprietary rights of goods for buyer, in the case of International Transfer of Technology Contract, the licensor doesn't provide proprietary rights of technologies with the licensee, on the contrary the right of using is only allowed during the contract. The purpose of this paper is to examine the main issues in International Transfer of Technology Contract. This author focused on the main obligations of both parties, namely licensor's obligation to provide the technology and licensee's obligation to pay the royalty. As every country has different local mandatory laws about Intellectual Property Rights(IPR) and these mandatory rules and laws prevails over the contract, the related rules and laws should be examined carefully by both parties in advance. Especially the rules and laws about the competition limitation in the local country of licensee and the economic union(like the EU) should be checked before contracting. In addition, the contract has much more complicate and delicate aspects than other international business contracts, so both parties should review carefully before singing the contract.

• 무역학회지
• /
• 제45권4호
• /
• pp.125-136
• /
• 2020

Freight charges are one of the major clauses in the voyage charter. However, in case of unexpected delays at loading and discharging ports, the owner of the ship would not be willing to cover the various costs he should bear by paying the freight receives from the charterer. Therefore, the shipowner, whose time and the ship would be both considered to be an expense, would try to reduce the laytime as least as possible when signing the charter party and to receive compensation such as demurrage and damage for detention from the charterer, just waiting for the agreed laytime to pass. In this study, we review the differences between demurrage and damage for detention and examine the acknowledgeable circumstances through the actual cases. Since the shipowner and the charterer do not often agree on the damage for detention from the respective contract, it is necessary to examine each. Besides, the shipowner and the charterer must acquaint the damage for detention and specify in a contract, to compensate for the actual loss of the shipowner.

• 무역상무연구
• /
• 제43권
• /
• pp.53-74
• /
• 2009

INCOTERMS have been changed almost every 10 years since ICC established INCOTERMS as trade terms for International transaction. Recently transportation has become bigger, and modernized by means of electronic appliances such as RFID, IT, and containerization. FRC, FOR/FOT, FOA were added in INCOTERMS1980 and every conditions are unified into three alphabets in INCOTERMS1990. The best features of INCOTERMS2000 are that FCA substitute FRC, FOR/FOT, FOA and customs formalities were simplified to make clear for each party of contract. It seems that business circles still stick to old customs of their trade like FOB or CIF not only in Korea but in an international practice even though there have been several revisions of INCOTERMS until now. ICC have tried to provide INCOTERMS3000 to solve problems between a theory and an actual condition of international trade. This study has tried to suggest opinions against INCOTERMS3000 and has surveyed a recognition, an actual using situation and issues of INCOTERMS to get improvements. For a recognition of INCOTERMS has been spread as you can find at tables many kinds of business circles still stick to old customs of their trade terms FOB and CIF. Now there are two alternative plans. Firstly, we need to suggest improvements against inconsistency of INCOTERMS to be applied on newly revised INCOTERMS3000 and educating business circles to use proper conditions of INCOTERMS for their doing business. Secondly, we shall participate in revising INCOTERMS to activate multimodal transport conditions of INCOTERMS and provide solutions to fill gap between a theory and an actual condition of international trade. It seems that terms of multimodal transport such as FCA, CPT, or CIP can be a perfect condition for each party of contract. We have examined the inconsistent features of Ship's rail and notions of on board, and observed how to activate multimodal transport terms. These would be hot issues of next revision of INCOTERMS and we provided improvements on each trade terms, THC charges, or others against INCOTERMS.